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AB1063: Bill Text
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2025 - 2026 LEGISLATURE
LRB-6039/1
MPG:cjs
2025 ASSEMBLY BILL 1063
February 26, 2026 - Introduced by Representatives
Snodgrass
,
Rivera-Wagner
,
Andraca
,
Billings
,
Brown
,
Emerson
,
Hong
,
J. Jacobson
,
Joers
,
Miresse
,
Prado
,
Roe
,
Sinicki
and
Palmeri
, cosponsored by Senators
Smith
,
Hesselbein
,
Wall
and
Dassler-Alfheim
. Referred to Committee on Campaigns and Elections.
AB1063,1,3
1
An Act
to amend
6.10 (1);
to create
8.28 (3) of the statutes;
relating to:
2
legislator district residency requirements and residency standard for qualified
3
electors.
Analysis by the Legislative Reference Bureau
Legislative district residency
Under the Wisconsin Constitution, no person is eligible to be elected to the senate or assembly unless the person is a qualified elector in the senate or assembly district the person is elected to represent. To be a qualified elector in the legislative district, the legislator must be a resident of that district. Under current law, any individual who believes that a person elected to the legislature is not a resident of the district the person was elected to represent may file a verified complaint making such allegation with the attorney general. If the attorney general, upon investigation, finds sufficient reason to believe that the subject person does not reside in the legislative district to which he or she was elected, the attorney general may commence an action for a writ of quo warranto to have the subject person’s office declared vacant. For a legislative office declared vacant by the court, the clerk of court must transmit a copy of the judgment to the presiding officer of the appropriate house, and the house must determine whether the person is qualified to be seated or whether a vacancy exists.
This bill establishes additional procedures and requirements with respect to legislative district residency.
First, at the beginning of each biennial session, and annually while holding office, each person elected to the legislature must file with the Legislative Reference Bureau and the chief clerk of the house to which the person is elected (1) a statement, sworn under oath, certifying that the person is a resident of the district he or she was elected to represent and (2) copies of two different identifying documents that may be used to establish proof of residence for voter registration purposes, such as a driver’s license, property tax bill, or lease. No later than 10 days after a person elected to the legislature changes his or her residence, he or she must notify the LRB and the chief clerk of the house to which the person is elected of the change in residence and must file a sworn statement and copies of identifying documents establishing proof of residence for the new residence. Any person elected to the legislature who fails to satisfy those requirements is subject to the investigation and quo warranto process provided under current law. The LRB or chief clerk must notify the attorney general of any such violation.
Additionally, the bill establishes a separate quo warranto process for alleged violations of legislative residency requirements under certain circumstances. Under the bill, if the LRB or the chief clerk of the house to which a person is elected has credible evidence that a person elected to the legislature does not reside in the district he or she was elected to represent, the LRB or chief clerk must immediately transmit that evidence to the attorney general and the Elections Commission. If, upon receiving such evidence, the attorney general finds probable cause to believe that the subject person is not qualified to hold his or her office because of failure to meet the legislative district residency requirement, the attorney general must immediately commence an action for a writ of quo warranto to have the subject person’s office declared vacant. The attorney general must make a determination as to probable cause no later than 30 days after receiving evidence transmitted by the LRB or the chief clerk.
If the attorney general fails to commence such an action for quo warranto, any elector of the district to which the subject person was elected may commence an action for a writ of quo warranto to have the subject person’s office declared vacant. A declaration by a court under this alternate quo warranto process that a legislative office is vacant creates a vacancy in that office for all purposes.
Finally, the bill provides that if the LRB, chief clerks, attorney general, Elections Commission, or courts possess a record received pursuant to the bill’s provisions that contains the residential address of a person elected to the legislature, that record must remain confidential and is exempt from inspection and copying under the public records law.
Elector residency
Under current law, for purposes of qualifying as an elector of a particular district, the residence of a person “is the place where the person’s habitation is fixed, without any present intent to move, and to which, when absent, the person intends to return.” The bill changes that residency standard to the following: “The residence of a person is the place where the person’s principal or primary home or place of abode is located, where the person’s habitation is fixed, without any present intent to move, and to which, when absent, the person has the present intent to return.”
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB1063,1
1
Section
1
.
6.10 (1) of the statutes is amended to read:
AB1063,2,5
2
6.10
(1)
The residence of a person is the place where
the person’s principal or
3
primary home or place of abode is located, where
the person’s habitation is fixed,
4
without any present intent to move, and to which, when absent, the person
intends
5
has the present intent
to return.
AB1063,2
6
Section
2
.
8.28 (3) of the statutes is created to read:
AB1063,2,14
7
8.28
(3)
(a) 1. At the beginning of each biennial session, and annually while
8
holding office, each person elected to the legislature shall file with the legislative
9
reference bureau and the chief clerk of the house to which the person is elected a
10
statement, sworn under oath, certifying that the person is a resident of the district
11
he or she was elected to represent and copies of 2 different identifying documents
12
specified in s. 6.34 (3) (a) establishing proof of residence in that district. The
13
commission shall prescribe the form of the statement, which shall inform the
14
person filing the statement of the penalty for false swearing under s. 946.32.
AB1063,2,19
15
2. No later than 10 days after a person elected to the legislature changes his or
16
her residence, he or she shall notify the legislative reference bureau and the chief
17
clerk of the house to which the person is elected of the change in residence and shall
18
file a sworn statement and copies of identifying documents establishing proof of
19
residence under subd. 1. for the new residence.
AB1063,3,4
1
3. Any person elected to the legislature who fails to satisfy subd. 1. or 2. shall
2
be subject to the investigation and quo warranto process provided under sub. (2).
3
The legislative reference bureau or chief clerk shall notify the attorney general of
4
any such violation.
AB1063,3,9
5
(b) 1. If the legislative reference bureau or the chief clerk of the house to which
6
a person is elected has credible evidence that a person elected to the legislature
7
does not reside in the district he or she was elected to represent, the legislative
8
reference bureau or chief clerk shall immediately transmit that credible evidence to
9
the attorney general and the commission.
AB1063,3,16
10
2. If, upon receiving the evidence under subd. 1., the attorney general finds
11
probable cause to believe that the subject person is not qualified to hold his or her
12
office because of failure to meet the legislative district residency requirement, the
13
attorney general shall immediately commence an action under ch. 784 for a writ of
14
quo warranto to have the subject person’s office declared vacant. The attorney
15
general shall make a determination as to probable cause under this subdivision no
16
later than 30 days after receiving evidence transmitted under subd. 1.
AB1063,3,20
17
3. If the attorney general fails to commence an action for quo warranto under
18
subd. 2., any elector of the district to which the subject person was elected may
19
commence an action under ch. 784 for a writ of quo warranto to have the subject
20
person’s office declared vacant.
AB1063,3,22
21
4. A declaration under subd. 2. or 3. that a legislative office is vacant creates
22
a vacancy in that office for all purposes.
AB1063,4,3
23
(c) If the legislative reference bureau, chief clerks, attorney general,
24
commission, or courts possess a record received pursuant to this subsection that
1
contains the residential address of a person elected to the legislature, that record
2
shall remain confidential and is not subject to inspection and copying under s. 19.35
3
(1).
AB1063,4,4
4
(end)
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